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(1)
Author Contracts—Opening bid on Author Contracts is $1,500.00.
(2)
trade marks
(3)
trade name
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website
(5)
domain name
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telephone number
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Acumen software license agreement
(8)
customer list
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Dell server
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printer
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computer (Samsung)
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good will associated with Debtor
TERMS AND CONDITIONS
ON-SITE AUCTIONS
PLEASE
NOTE: All live bidders and others attending this auction agree that they
have read and fully understand these terms and conditions and agree to be
bound thereby.
INSPECTION AND PRE-REGISTRATION:
Inspection for warehouse auctions, Tuesday, from 10:00AM to 4:00PM. On-site
auction inspection is usually the day before the auction from 10:00AM to
4:00PM. Buyers are encouraged to inspect all items prior
to bidding.
REGISTRATION:
All purchasers are required to register and give the
necessary information requested. The bidder shall give his/her name,
physical address and mailing address and his/her driver’s license number. A
$200 cash deposit will be required of all on-site bidders. You are
responsible for all purchases made with your number, whether by you or by
anyone you might allow to use your number.
TERMS:
All purchases require PAYMENT-IN-FULL prior to removal and before 12:00 Noon
on the first business day following the auction. CASH, CASHIER’S CHECK,
WIRE TRANSFERS or CERTIFIED FUNDS accepted. Buyers must furnish a copy of
Arizona resale license prior to bidder registration if buying for resale.
Fax a copy of the resale license to 480-733-4748.
SALES TAX:
Unless a tax resale license is provided prior to date of sale, the purchaser
will be required to pay the combined Arizona state and local sales tax of
8.1%. Out of state bidders will not be charged sales tax if the items are
shipped to the bidder, proof of out of state residency must be provided.
DEFAULT:
In default the second highest bidder will be given the option to become the
successful bidder at his/her last bid. The bidder in default will be
responsible for the difference in the bids, or the entire amount of his/her
bid should the second highest bidder not take the option to become the
successful bidder. A service charge of 1-1/2% per month, 18% APR, will be
added to all overdue accounts. The bidder in default is also liable for all
legal and collection fees. The bidder in default also looses his $200
deposit.
PAYMENT DEADLINE FOR IN STATE BIDDERS:
An account becomes overdue at 12 Noon, Arizona time, the day following the
auction for all in state bidders.
PAYMENT DEADLINE FOR OUT OF STATE BIDDERS:
Out of state bidders have until 12 Noon, Arizona time, the third business
day following the auction to pay with cashier’s check or wire transfer.
Wire transfer instructions will be available to all successful bidders.
NO
WARRANTY:
There is not warranty relating to title, possession, quiet
enjoyment or the like in this disposition. Everything in this auction is
being sold “AS IS-WHERE IS” to the highest bidder, without warranty or
guarantee of any kind. ALL SALES ARE FINAL. Cunningham & Associates, Inc.,
is not responsible for missing or broken items after the auctioneer sells
that item. ABSOLUTELY NO REFUNDS.
CONDITION OF ITEMS SOLD:
The auctioneer shall not be responsible for the correct
description, authenticity of, or defect in any lot, and makes no warranty in
connection therewith. No allowance will be made or sale set aside on
account of any incorrectness, error in cataloguing, or any imperfection not
noted. No deduction will be allowed on damaged articles as all goods being
exposed for public exhibition are sold as is and without recourse.
SALES LIST:
The sales list is furnished by the auctioneer as a guide
only. No guarantee as to the accuracy or description is made. Deletions
and additions may take place.
SHIPPING:
Bidders are responsible for the shipping of all items purchased. Cunningham
& Associates, Inc., will not provide shipping.
REMOVAL:
All items require PAYMENT-IN-FULL and authorized receipt prior to removal.
All items must be removed from the premises by 4:00PM the second business
day following the auction. Removal shall be at the expense, liability and
risk of the purchaser. Failure to remove items constitutes forfeiture of
the items and the bidder’s deposit. The auctioneer reserves the right to
resell non-removed items at the next scheduled auction. All items purchased
must be removed, not re-consigned. To consign an item it must be off the
auction site for at least 1 month.
STORAGE FEES:
A $5.00 storage fee per lot will be charged per day if the
items are not picked up by the second business day following the auction.
Storage fees must be paid prior to removal of the items.
PERSONAL AND PROPERTY RISK:
Persons attending the
auction or preview, during exhibition, sale or removal of goods, assume all
risks of damage of or loss to person or property and specifically release
the auctioneer from liability therefore. Neither the auctioneer nor his
principal(s) shall be liable by reason of any defect in, or condition of the
premises on which the sale is held.
PERMANENT BIDDER NUMBERS:
Cunningham and Associates, Inc., issues permanent bidder numbers to those
preferred customers, at their request, who have bid at our auctions without
default for over five years. There is no deposit required for these bidder
numbers. Permanent bidder numbers may only be used by the person to whom
they are registered.
DISPUTE BETWEEN BIDDERS:
If any dispute between bidders occurs, the auctioneer may
decide to put the lot up for sale again. The auctioneer’s decision is final
and absolute.
SALE
BY ESTIMATED WEIGHT, COUNT, OR MEASURE:
When items are sold in this manner the purchaser will be billed
accordingly. If upon delivery a shortage exists, the purchaser will receive
a refund at the rate of purchase, However, if there is an excess, the
purchaser will be billed in the same manner and required to take the excess.
AUCTION TERMINOLOGY:
It is the responsibility of the bidder to understand the manner in which
items are being sold. When the auctioneer says “one times the money” or
“all for one money” it means that the item(s) are being sold as a lot. If
the auctioneer says “times the bid” or “times the money” it means that the
bidder will pay the bid amount times the number of items in the lot. THE
BIDDER MUST UNDERSTAND WHAT HE IS BIDDING ON AND HOW IT IS BEING SOLD. NO
REFUNDS.
ADDITION TO OR WITHDRAWAL FROM SALE:
The auctioneer reserves the right to withdraw from the sale any property
listed and also to add property not listed to the sale. Also, the
auctioneer may group lots or subdivide lots in order to benefit the seller.
The auctioneer reserves the right to sell the property listed in bulk.
RECORD:
The record of sale that is kept by the auctioneer or his clerk will be taken
as final word in the event of a dispute.
AGENCY:
The auctioneer is only an agent and is not responsible for the actions of
his consignor(s).
ANNOUNCEMENTS:
Any announcements on the day of the auctions shall take
precedence over any previously distributed information or advertising.
Listen to opening announcements, as they are important. The auctioneer may
announce additional information or terms during the course of the auction.
AUCTIONEER’S LIABILITY:
If for any reason whatsoever the auctioneer fails to deliver an awarded lot,
the auctioneer’s sole liability shall be the return of any deposit or moneys
paid on such non-delivered lot.
VEHICLES:
Vehicles and equipment will be sold at 12:00 Noon, Arizona time.
TITLE:
When the item is announced “SOLD” by the auctioneer it immediately becomes
the buyer’s responsibility. Title to the item transfers to the buyer at
that time. The seller(s), however, maintain a first security interest in
all items until payment is received, including the collection of all funds.
Cunningham and Associates, Inc., and its personnel assume no responsibility
for any missing or damaged items and are not acting as the buyer’s security
agent. CUNNINGHAM & ASSOCIATES< INC. WILL NOT REFUND ANY BUYER FOR MISSING,
STOLEN OR BROKEN ITEMS.
BUYBACKS:
Cunningham & Associates, Inc. does not permit consignors to repurchase or
bid on their consigned items. If you suspect that this is occurring ,
please bring it to the attention of the auctioneer.
REWARD: A
$500 reward will be paid to anyone who leads to the arrest and prosecution
of any person caught stealing, renumbering, or shuffling items from lot to
lot; before, during or after the auction. A reward of $500 will also be
paid for information leading to the prosecution of anyone tampering with
vehicles.
ALL
ACCOUNTS MUST BE PAID BY 12:00PM THE DAY FOLLOWING THE AUCTION WITH CASH,
CASHIER’S CHECK OR WIRE TRANSFER ONLY.
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